Marriage Equality

Santorum Slamming JFK, Secularism

Fifty years ago, the man who would become America’s first Catholic president delivered a historic speech that helped reduce anti-Catholic prejudice in our public life. Five decades later, a man who would like to be the nation’s second Catholic president celebrated the occasion by slamming Kennedy. It’s a remarkable reversal. 

Former Senator Rick Santorum has been using the anniversary of then-presidential candidate John F. Kennedy’s famous address on church-state separation to decry the destructive forces of secularism that he says Kennedy unleashed. (People For the American Way is among Santorum’s targets.)
 
Santorum’s attack deserves attention, especially at a time when religious and political leaders, Santorum among them, are eagerly fanning the flames of religious intolerance. Much of Santorum’s recent speech – delivered in Houston on September 9 and reprised since then at events like Ralph Reed’s Faith and Freedom conference – is given over to repeated claims that Kennedy emboldened secularists who want a public square “cleansed of all religious wisdom and the voice of religious people of all faiths.” He says Kennedy’s speech launched a movement that is “repressing or banishing people of faith from having a say in government.”
 
These inflammatory claims are regularly advanced by Religious Right leaders who portray supporters of church-state separation as hostile to faith and religious liberty. But how can they be taken seriously?
 
Choose any topic that is being debated in the public square, and you’ll find people of faith advancing their values, probably on both sides of the issue – and not just on abortion and gay rights.  Religious Right activists spouted Tea Party arguments about the evils of government while progressive religious leaders worked hard to promote health care reform. The Catholic hierarchy is among the religious organizations working to deny gay couples legal recognition while other religious groups like the Religious Action Center of Reform Judaism are working for full marriage equality.  At the same time, the two groups are both lobbying for humane immigration reform.
 
It’s a complicated scene, and it’s a noisy one. Who has been silenced? Not Ralph Reed, who is bragging that he’s planning to mobilize conservative evangelical voters to turn Election Day into a historic rout for Democrats.  And certainly not conservative Catholics like Santorum.  At Reed’s Faith and Freedom conference, a panel included leaders of two groups organized to promote conservative Catholic values in the public arena – Catholic Advocate and Faithful Catholic Citizens.
 
There are situations that bring constitutional values into tension. America, via the Supreme Court and civil rights legislation, has decided (Rand Paul notwithstanding) that a business owner’s desire to discriminate against racial minorities does not trump other individuals’ right to equal access to public accommodations, even if the desire to discriminate was based on sincerely held religious beliefs.  Courts and legislatures are wrangling with similar situations that consider religious beliefs about homosexuality, abortion, and contraception alongside LGBT Americans’ right to legal equality, and all Americans’ access to medical care.
 
But the fact that some court cases have gone against those seeking a religious exemption to a generally applied law is no grounds for claiming that religious people have been silenced, or no longer have the right to make their case in the public square. What Santorum seems to want is a kind of double standard: religious conservatives can take part in public debate but should be shielded from criticism. They can engage in legal and political advocacy, but if they lose they can claim the process has been stacked against them by sinister anti-religious forces.
 
Santorum argues that the secularist forces unleashed by Kennedy threaten peaceful coexistence and even put American civilization at risk. He says the founders believed that “if they fostered religion and the Judeo-Christian moral code we would achieve something that was never before seen in a country with so many competing faiths - a truly tolerant, democratic and harmonious public square.”
 
But Santorum himself is actively undermining the possibility for a “tolerant, democratic and harmonious” public square. He seeks political gain by branding his opponents as enemies of religious liberty. And he has played a significant role in inflaming an ugly anti-Islamic wave of public opinion that has resulted in fatal violence and could leave communities damaged and divided for years.
 
Santorum portrays himself as heroic, telling audiences, “I have been criticized in the media for daring to speak out on these sensitive moral issues.”  That’s not true.  Santorum is criticized not for “daring to speak out” but for saying things many people disagree with. Santorum has every right to denigrate the loving relationships of same-sex couples by comparing them to man-on-dog sex. But just as surely others have the right to criticize and even ridicule him for those statements.  
 
The First Amendment is a two-way street. But that seems to be one truth that Santorum and his allies refuse to acknowledge.
PFAW

It gets better

It’s not often that a web site like Gawker makes me stop and think, but staff writer Brian Moylan did just that in a moving post about anti-gay bullying.

If we can't save these kids' lives, then all of our struggles for civil rights and marriage equality aren't worth anything.

Brian’s right. Repealing Don’t Ask, Don’t Tell. Passing the Employment Non-Discrimination Act. Health benefits and housing. Immigration rights. Relationship recognition. Marriage equality. If we don’t save the next generation, what we’re fighting for today won’t mean anything tomorrow.

These days we can’t seem to escape the stories of lives ruined, or even ended, by bullying based on actual or perceived sexual orientation. Tyler Clementi has dominated the news this week. We’ve also heard about Seth Walsh, Justin Aaberg, Billy Lucas, and Asher Brown. One death is too many. Five in such a short period of time is unconscionable. This must stop.

Columnist Dan Savage makes a simple plea to those who think they have nowhere to turn: It gets better.
 


 

Talk show host Ellen DeGeneres has a similar message: Things will get easier. People’s minds will change. And you should be alive to see it.
 


 

LGBT youth, just like all students, should feel safe and secure when they enter the schoolhouse doors. We can change the end of this story.

For more information, please click here. And be sure to check out the Gay, Lesbian and Straight Education Network.

PFAW

Yesterday’s Big Wins for Young Progressive Candidates

Gustavo Rivera, a young progressive candidate endorsed by the PFAW Action Fund, won a big victory yesterday in a New York state senate district in the Bronx, ousting the current Senate Majority Leader in the Democratic primary. Rivera won a decisive victory over Pedro Espada, who threw the state senate into a dysfunctional mess last year when he briefly switched over to the Republican Party.

Rivera, 34, is a strong progressive—he’s pro-choice, supports marriage equality, and is a leader on ethics reform and fair wages. In a heavily Democratic district, he’s a solid bet to head to Albany next year, where he’ll bring some much-needed new ideas.

Several other PFAW Action Fund-endorsed candidates are also bringing a progressive agenda to November’s elections after making it through yesterday’s primaries. In New York, Clarkstown Town Clerk David Carlucci, who has focused his campaign on campaign finance and ethics reform became the Democratic nominee for an open state senate seat, and Aravella Simotas of Astoria, who is a staunch advocate of LGBT equality, health care access, and public education, also won a Democratic primary for a seat in the State Assembly.

In Maryland, eight PFAW Action Fund candidates won primaries, including Victor Ramirez, who ousted a less progressive incumbent incumbent in the race for a state senate seat in Prince George’s County. Judd Legum of Maryland—a progressive activist who founded the Center for American Progress’s Think Progress blog—won a spot as a Democratic nominee for a state House seat. He’ll face off against a Republican incumbent with a history of fighting marriage equality. In Bethesda, Ariana Kelly, a longtime advocate for equal pay, the right to choose, marriage equality, public education, and environmental conservation, won a competitive Democratic primary for a seat in the House of Delegates.

The PFAW Action fund supports progressive candidates under the age of 35.
 

PFAW

When Will it Stop Being Cool to Be an Anti-Gay Republican?

Last night, Ken Mehlman, the man who orchestrated George W. Bush’s 2004 reelection campaign--including, we can presume, its electorally popular anti-gay positions--came out as gay himself. Mehlman says he’s now working with American Foundation for Equal Rights to advocate for marriage equality.

The National Organization for Marriage immediately attacked Mehlman for “abdicating core Republican values.” But mainstream Republicans, whose bread and butter in recent years has relied on stoking anti-gay resentments, have been for the most part supportive of Mehlman personally and silent on his new advocacy work.

That’s not surprising. Earlier this week, People For’s president, Michael B. Keegan, wrote a piece in the Huffington Post on how anti-gay politics are increasingly confined to the Republican party’s extreme-right fringe…and the fringe is beginning to see the writing on the wall:

For years, the Right has watched its anti-gay agenda lose credibility as public acceptance of gays and lesbians has steadily grown and intolerance has declined. And that trend is going strong, as young people of all political stripes are more likely to know gay people and more willing to grant them equal rights and opportunities, including the right to marriage. A CNN poll this month found that a majority of Americans think gays and lesbians should have the right to marry--the first time gay marriage dissenters had slipped solidly into the minority in a national poll. Even in California, where Proposition 8 passed on the ballot in 2008, a poll earlier this year found a majority now support same sex marriage rights. Indeed, this change is even visible on the Right, where the fight against equality is being waged by an increasingly marginalized movement. Who would have ever thought that Ann Coulter would be booted from a right-wing conference for being "too gay friendly"?

Pam Spaulding points to a piece in the Frum Forum outlining the Far Right’s panic that gay-hating is rapidly becoming passé among mainstream political conservatives:

These swift changes in the GOP from gay bashing a la Patrick Buchanan’s 1992 convention speech towards tolerance and even support of gay equality is both astonishing and alarming to elements of the far right. Several prominent social conservatives have decried these changes. WorldNetDaily Editor David Kupelian recently wrote “Much of conservatism has now morphed into libertarianism…even high profile conservative warriors seem to be abandoning the gay issue” and went on to list recent examples of gay rights making progress within the GOP such as Glenn Beck’s announcement that gay marriage presents no threat to America, Ann Coulter addressing the gay conservative group GOProud, and CPAC’s refusal to ban GOProud. Social conservative Robert Knight bemoaned the fact that Republicans are increasingly supportive of gay equality in his column “Smarter than God”; and the American Family Association’s radio host Bryan Fischer also blasted Republicans for failing to sufficiently support the anti-gay cause.

This past week the Washington Blade even published an article titled “Conservatives take the lead in marriage fight” arguing that libertarian-leaning conservatives are advancing gay rights, perhaps more so than Democrats. Who would have thought in 1992 we would one day see Republicans lauded by the gay press?

This shift toward acceptance—and away from the divisive anti-gay politics exemplified by Bush’s campaign strategy—is clearly taking place. But it’s far from over. Even if mainstream conservatives are starting to shy away from anti-gay politics, the mess that the homophobic politics of the past decades has left is still here, and still harmful. If members of the party that exploited homophobia for years to create our strongly anti-gay status quo remain silent on gay rights, they condone discrimination.

The Don’t Ask, Don’t Tell policy still keeps gays and lesbians from serving openly in the military. Hundreds of hate crimes motivated by sexual orientation are committed each year—but all but 18 Republicans in the House and five in the Senate opposed the bill last year that expanded hate crimes laws to prevent these. 30 states have passed constitutional amendments prohibiting same-sex marriage—11 of these were put on the ballot in an effort to draw voters for Bush and his fellow Republicans in 2004.

Asked by the Advocate about his role in crafting the strategy that led to those 11 constitutional amendments, Mehlman said, “I can’t change that – it is something I wish I could and I can only try to be helpful in the future.”

Mehlman, whatever you think of his past actions, is right—there is a lot of positive work that needs to be done to undo the damaging anti-gay crusades of the past. It’s great that at least some in the Republican Party are beginning to accept gay people, or at least are refraining from being virulently homophobic. But they won’t be off the hook until they start working to actively undo the destructive policies of the past.

And, as Gabriel Arana points out, though Mehlman’s political change of heart was tied up with his own personal struggle, “you don’t have to be gay to do the right thing.”
 

PFAW

A Win for Fact Over Prejudice

California federal judge Vaughn Walker’s opinion yesterday in the case of Perry v. Schwarzenegger—in which he struck down the state’s ban on gay marriage—was a strong defense of the values embodied in the Constitution. But it was also something more. In his 136-page opinion, Judge Walker carefully dismantled dozens of the myths that opponents of marriage equality have attempted to use as legitimate legal arguments against allowing gay people to marry. And unlike the defenders of marriage discrimination, Walker didn’t make up evidence out of whole cloth—in his analysis, he relies on expert testimony, statistics, and the lessons of history. Slate’s Dahlia Lithwick writes:

It's hard to read Judge Walker's opinion without sensing that what really won out today was science, methodology, and hard work. Had the proponents of Prop 8 made even a minimal effort to put on a case, to track down real experts, to do more than try to assert their way to legal victory, this would have been a closer case. But faced with one team that mounted a serious effort and another team that did little more than fire up their big, gay boogeyman screensaver for two straight weeks, it wasn't much of a fight. Judge Walker scolds them at the outset for promising in their trial brief to prove that same-sex marriage would "effect some twenty-three harmful consequences" and then putting on almost no case.

The stunning thing is that the feeble arguments that Prop 8 defenders were able to muster against marriage equality were in fact the best they could come up with. Kyle at Right Wing Watch writes that there was some in-fighting among the Right Wing over who would get to defend Proposition 8 in court. The fervently anti-gay Liberty Council tried to wrest the defense away from the equally anti-gay but slightly more street-smart Alliance Defense Fund, because the ADF wanted to base its case partially on factual evidence rather than purely on vitriol. The ADF won out, but they were left with a small problem: there was no factual evidence to be found.
 

PFAW

Federal Judge Rules Gay Marriage Ban Unconstitutional

A federal judge in California today ruled Proposition 8, the state’s ban on gay marriage, unconstitutional. Judge Vaughn Walker’s opinion declares the marriage ban a violation of the Constitution’s equal protection and due process clauses, and debunks the arguments of marriage equality opponents on issues ranging from the welfare of children raised by gay and lesbian parents (they do just fine) to the effect of same-sex marriage on other marriages (none).

To be honest, we’re still wading through the opinion, and will have more analysis of the legal arguments tomorrow. But for now, let’s appreciate the real effect this decision will have on people like Jeff Zarillo and Paul Katami, two of the plaintiffs in the case, who now have a chance at regaining the right to marry. Here are the video that the American Foundation for Equal Rights put together about Jeff and Paul:
 

Paul and Jeff from American Foundation for Equal Ri on Vimeo.

PFAW

Court Stops Right-Wing Anti-Marriage Referendum

An appeals court ruled this morning that the DC City Council has every right to refuse to hold a referendum aimed at shooting down the city’s four-month-old marriage equality law.

The push to end DC’s marriage law was led by Bishop Harry Jackson, an anti-gay activist who has allied with national right-wing groups like the National Organization for Marriage and the Family Research Council in his quest to undo the law.

The DC Council refused to let Jackson introduce a referendum to ban gays from marrying in the District, citing a policy that prohibits ballot intiatives to authorize discrimination. In January, a lower court agreed with the Council, and today the DC Court of Appeals upheld that decision. The Appeals Court’s decision was split 5-4, but the judges were unanimous on one key point: that Jackson’s referendum constituted discrimination.

The DC Council passed the marriage equality law in an 11-2 vote in December; marriage licenses became available in March.

All in all, it’s been a good July for marriage equality.
 

PFAW

The “Irrational Prejudice” Behind DOMA

Yesterday, a federal judge in Massachusetts struck down a key part of the Defense of Marriage Act on two separate constitutional challenges. Judge Joseph Tauro, a Nixon appointee, ruled that the provision banning the federal government from recognizing gay people’s marriages violates the Constitution’s guarantee of equal protection, and the principle of state sovereignty.

Tauro’s opinion in the equal protection case includes some strong words on the motivation behind DOMA, the 1996 law designed to push back against states granting marriage equality. The main purpose of the law was to disadvantage a particular set of people simply out of dislike for them, he writes…and that sort of motivation doesn’t pass constitutional muster:

This court simply “cannot say that [DOMA] is directed to any identifiable legitimate purpose or discrete objective. It is a status-based enactment divorced from any factual context from which [this court] could discern a relationship to legitimate [government] interests.” Indeed, Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification, the Constitution clearly will not permit.

In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue. By premising eligibility for these benefits on marital status in the first instance, the federal government signals to this court that the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning. And where, as here, “there is no reason to believe that the disadvantaged class is different, in relevant respects” from a similarly situated class, this court may conclude that it is irrational prejudice that motivates the challenged classification. As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution.

It seems pretty straight-forward to conclude that the Constitution doesn’t allow Congress to discriminate against people just because they dislike them…but, of course, conservative groups are already calling itactivism.”
 

PFAW

Supreme Court Rules for Campaign Disclosure, But Divided Over How Far it Should Go

In a ruling that may bode well for the longevity of the campaign finance disclosure law currently being considered by Congress, the Supreme Court today ruled that the First Amendment does not give people a blanket right to keep their political activity under wraps. But the Justices disagreed on the extent to which the First Amendment allows privacy for controversial political activity.

The case, Doe v. Reed, was brought by a group of people who had signed a petition to put a measure on the ballot in Washington that would have voided the state’s domestic partnership laws. Washington’s law says that the names on such petitions have to be publicly available. The group of plaintiffs argued that the exposure of their names would expose them to harassment, therefore violating their First Amendment rights. The Supreme Court, in an 8-1 decision, disagreed that the disclosure law was unconstitutional on its face, but left the door open for the anti-marriage equality petitioners to claim the law was an unfair burden in their specific case.

The spread of the justices’ opinions on the specific case of Protect Marriage Washington shows their ideological differences on the subject—and could shed light on what will happen if the Court considers something like the DISCLOSE Act.

Tom Goldstein at SCOTUSblog explains:

There were several separate opinions. Justice Alito wrote a separate concurrence that is quite sympathetic to the plaintiffs’ as-applied challenge on remand. Justice Sotomayor wrote a concurring opinion, joined by Justices Stevens and Ginsburg, that is very doubtful about that challenge. Justice Stevens also wrote his own concurring opinion, joined by Justice Breyer, to make the same point, albeit perhaps not as strongly, while Justice Breyer wrote a separate concurring opinion indicating that he doesn’t think that Justice Stevens’ opinion is inconsistent with the Chief Justice’s opinion. Justice Scalia wrote a concurring opinion which takes the position that such a First Amendment claim could never prevail. Justice Thomas was the only dissenter; he would have held that the plaintiffs prevailed on their broad facial challenge to the disclosure provision.

The plaintiffs, having lost their broad facial claim, thus also face significant difficulty in prevailing in their remaining challenge to the disclosure of their identities with respect to this specific referendum. Justices Thomas and Alito are obviously sympathetic to that claim. But five Justices – a majority of the Court – take the opposite view; Justice Scalia rejects it outright and the four more liberal members of the Court express significant doubts about the claim’s viability.

Rachel wrote earlier today about Justice Scalia’s vocal support for transparency laws, and his opinion in Doe v. Reed confirms that he walks his talk. As Goldstein calculates, if a campaign finance disclosure law comes before the Supreme Court, Scalia’s vote could break up the Citizens United majority and shift the Court’s majority toward disclosure and transparency.
 

PFAW

More on the Prop 8 Trial

The frailty of the legal arguments against marriage equality was on full display during yesterday’s closing arguments in the Perry v Schwarzenegger trial. The proponents of upholding California’s Proposition 8, which bans same-sex marriage in the state, insisted during the trial that procreation is central to marriage, and that gay couples should therefore not be allowed to marry. The following exchange between Judge Walker and Charles Cooper, the attorney defending Prop 8, speaks for itself:

MR. COOPER: …Marriage is a license to cohabit and to produce legitimate children.

THE COURT: But the state doesn't withhold the right to marriage to people who are unable to produce children of their own.

MR. COOPER: That's true, your Honor, it does not. It does not insist --

THE COURT: Are you suggesting that the state should, to fulfill the purpose of marriage that you have described?

MR. COOPER: No, sir, your Honor. It is by no means a necessary -- a necessary condition or a necessary requirement to fulfilling the state's interests in naturally potentially procreative sexual relationships.

Dante Atkins on the Daily Kos summarizes the circular argument Cooper tried to make:

Let's recap this thread between Cooper and Walker, because it's just embarrassing. Cooper says that opposite-sex couples who can't procreate get the ancillary benefits of marriage, like stability, loving commitment, etc. Walker asks: well, don't same-sex couples get those same things through marriage? And Cooper responds: "but they can't procreate!" And there we are, back at square one. It's an embarrassingly dreadful performance from a legal point of view, because Cooper has completely avoided the question of why it's constitutional to deny same-sex couples the ancillary benefits of marriage that Judge Walker outlined.

Why did Cooper and his colleagues rely on this weak argument? Because they thought the Court would view it more favorably than the toxic anti-gay rhetoric proponents of Prop 8 used in 2008 to convince California voters that same-sex marriages were a threat to children. Christopher Stroll at Pam’s House Blend writes:

[Plaintiffs’ attorney Ted] Olson hammered home the point that during the election, Prop 8 backers argued that children needed be "protected" from gay people -- but during the trial, the Prop 8 backers did not raise this argument, which echoes themes that anti-gay forces have used for decades to stigmatize and marginalize gay men and lesbians. Instead, the attorneys defending Prop 8 argued that same-sex couples must be excluded from marriage because the purpose of marriage is procreation.

Another baseless argument that backers of Prop 8 made was that gay marriage would “deinstitutionalize” marriage. Olson eloquently debunked that particular right wing myth:

The plaintiffs have no interest in changing marriage or deinstitutionalizing marriage. They desire to marry because they cherish the institution.

PFAW

Progressive Candidate Wins Soundly in Iowa Gay Marriage Battleground

Among the interesting results of lower-profile races in yesterday’s primaries was the victory of progressive incumbent Ako Abdul-Samad over a well-funded socially conservative challenger in Iowa’s 66th House District. The victory is significant because the Des Moines district is at the center of the marriage equality battle, and Abdul-Samad’s challenger was well-funded by a group intent on axing the state’s new same-sex marriage law:

In the Democratic primary for House District 66 — considered by many to be ground zero in the battle over same-sex marriage — incumbent Ako Abdul-Samad of Des Moines won by a huge margin over social conservative Clair Rudison Jr. 75-25. Despite numerous attack mailers in the closing days of the race, as well as support from the anti-gay group Iowa Family Policy Center, Abdul-Samad emerged victorious in one of the most heavily Democratic districts in the state.

As the New York Times reported yesterday, the tidal wave of voter outrage against same-sex marriage that Iowa social conservatives had hoped to see this year never materialized. Abdul-Samad’s sound victory in a race that had been making progressives nervous is a small but significant indicator of that.
 

PFAW

Marriage Equality in DC

It took a while, and opponents of equality still insist they'll fight it, but marriage equality legislation finally took effect this morning in Washington, DC.

Washington, D.C., became the nation’s sixth jurisdiction to allow same-sex marriage Wednesday when it opened its marriage license application process to gay and lesbian couples.

More than one dozen couples lined up outside the D.C. Superior Court building — some arriving even before sunrise — to become the first same-sex pairs to obtain their applications to wed. Couples alternately smiled and wept as emotion swept the crowd.

“Love has won out over fear,” said Rev. Dennis Wiley, co-pastor at Covenant Baptist Church and co-chair of DC Clergy United for Marriage Equality. “Equality has won out over prejudice. Faith has won out over despair.”

Congratulations to the happy couples, and congratulations to everyone who contributed to this victory.  The DC community produced a vibrant, diverse coalition in support of equality, and it has paid enormous dividends.

Next up: voting rights.

PFAW

A Good Day For Equality in Maryland

The Baltimore Sun is reporting good news on the marriage equality front in Maryland today, where a bill that would have prohibited the state from recognizing out-of-state marriages of same-sex couples was defeated in committee.

The state's Attorney General is currently making a legal determination as to whether Maryland law recognizes such out-of-state marriages. The bill would have short-circuited that determination.

Maryland's long-settled practice is to recognize marriages validly solemnized in other states that could not be solemnized in Maryland. However, the state has in the past made an exception to that rule: Maryland once refused to recognize out-of-state interracial marriages, calling them "repugnant to Maryland's public policy."

Today, legislators were asked to echo that ugly history by treating gays and lesbians' marriages in the same discriminatory way that interracial marriages were treated during the era of Jim Crow. Fortunately, a majority of members of the House Judiciary Committee chose not to go down this path.

PFAW

DC Victory for Marriage Equality

Yesterday, PFAW staff joined hundreds of DC residents at the Rally for Marriage Equality at the Kennedy Recreation Center in Washington, DC to support the DC Council’s vote on marriage equality.

Several lead sponsors of the bill including Jim Ward, David A Catania, and Harry Thomas Jr. addressed the boisterous crowd to declare their emphatic support for marriage equality. Community organizers and activists also shared their thoughts on the battle they have waged for years for marriage equality.

Earlier today, the DC Council voted 11-2 in favor of marriage equality. Mayor Adrian Fenty is expected to immediately sign the bill. Congress has 30 legislative days to review the measure.

PFAW President, Michael B. Keegan, issued the following statement:

“Today’s vote is a major step forward for equality and a proud day for all the residents of the District of Columbia. At long last, same-sex couples will be allowed the same protections and responsibilities that straight couples have always enjoyed.

“This vote wouldn’t be possible without the years of hard work by activists from every ward in the city. Today’s legislation is supported by people of every race and religion. I am especially proud of the many clergy members who spoke out in favor of equality as a core value that all of us share.
 

PFAW

Not the End of DOMA (Reprise)

This week, there was a new development in a California case where a federal judge on the U.S. Court of Appeals for the Ninth Circuit in February ruled the Defense of Marriage Act unconstitutional. The Los Angeles Times reports the new development:

In a legal end-run around the 1996 Defense of Marriage Act, a federal judge Wednesday ordered compensation for [Brad Levenson,] a Los Angeles man denied federal employee benefits for his spouse because they are both men. ...

[In February, U.S. 9th Circuit Court of Appeals Judge Stephen] Reinhardt, who is responsible for resolving employee disputes for public defenders within the 9th Circuit, had ordered the Administrative Office of the U.S. Courts to process Levenson's application for spousal benefits. But the federal Office of Personnel Management stepped in to derail the enrollment, citing the Defense of Marriage Act, which prohibits federal government recognition of same-sex marriage.

Levenson appealed, seeking either an independently contracted benefits package for Sears or compensation for the costs they incurred in the absence of coverage. Reinhardt ordered the latter, based on a back pay provision in the law governing federal defenders' employment.

As reported on this blog back in February, this case is less than it might seem at first blush. DOMA remains the law of the land. Rather than being a traditional court case, this is an internal employee grievance procedure within the office of federal public defenders of the Ninth Circuit. As a result, the judge is not acting in his capacity as a judge. Instead, he is acting in his capacity as the designated administrative decision-maker for the Ninth Circuit's Standing Committee on Federal Public Defenders.

Since it's not a traditional court case, it imposes no binding precedent and is not going to be appealed to the Supreme Court.

Nevertheless, the new order does add an important new element to the conversation over DOMA's constitutionality. And coming from a federal circuit court judge, its reasoning has resonance, even if it is not binding precedent.

In the new order, Judge Reinhardt repeats his February analysis of DOMA's constitutional infirmities, rejecting various arguments in its favor. He also addresses a new argument and determines that it, too, fails under the rational basis level of scrutiny, the easiest of standards to meet:

Recently, the government has advanced an additional argument in defense of DOMA: that the statute serves a legitimate governmental interest in maintaining a consistent definition of marriage at the federal level for purposes of distributing federal benefits while individual states consider how to resolve the issue of marriage equality for same-sex couples. ... Even under the more deferential rational basis review, however, this argument fails. DOMA did not preserve the status quo vis-à-vis the relationship between federal and state definitions of marriage; to the contrary, it disrupted the long-standing practice of the federal government deferring to each state's decisions as to the requirements for a valid marriage. ...

Congress thus sided with those states that would limit marriage to opposite-sex couples, and against those states that would recognize the marriages of same-sex couples. Taking that position did not further any government interest in neutrality, if indeed such an interest exists.

And just where did this additional argument come from? From Barack Obama's very own Justice Department.

Equality cannot wait. It's time to dump DOMA.

PFAW

DC Marriage Equality and Religious Liberty

Over the past few weeks, the DC Council has been considering a bill to allow gays and lesbians to marry in Washington, DC. In light of some misleading charges by Catholic Charities that the existing bill would impair its religious liberty – and its threat to withdraw charitable services from the homeless, the sick, and the orphaned – the Council is considering a poorly-worded amendment that would apply only to same-sex marriages, but not to any other civil marriage. The amended bill would provide that:

a religious society, or a nonprofit organization which is operated, supervised, or controlled by or in conjunction with a religious society, shall not be required to provide services, accommodations, facilities, or goods for a purpose related to the solemnization or celebration of a same-sex marriage, or the promotion of same-sex marriage through religious programs, counseling, courses, or retreats, that is in violation of the religious society's beliefs (emphasis added).

If the issue is genuinely protecting religious liberty, shouldn't it apply to all civil marriages and all religious beliefs?

If the issue is genuinely religious liberty, then shouldn't those with religious opposition to interracial marriages receive the same protection of their religious beliefs, noxious though they may be? Shouldn't those who believe God wants America to throw out all people of color be protected from having to provide services for non-whites' weddings? Or shouldn't they be allowed to force people to present proof of citizenship, if they claim their religious belief calls for America to expel undocumented aliens? If someone's religious belief is that Christians are worshipping a mortal man in violation of the Ten Commandments, why is her religious liberty less protected when she wants to deny services related to Christian weddings?

If the concern is genuinely religious liberty for all, then the bill should be written that way.

But if the only religious beliefs being "protected" are those condemning homosexuality, then that is in no way a religious liberty protection. The DC Council would be elevating one group's religious beliefs above all others, giving them special legal rights denied to others with different religious beliefs.

Any religious exception should apply to all religious beliefs and all types of civil marriages.

PFAW

D.C. Strikes Down Anti-Marriage Equality Initiative

The D.C. Board of Elections and Ethics issued a memorandum today keeping anti-marriage equality legislation off the ballot in the District of Columbia. A public hearing was held on October 26, 2009 on the “Marriage Initiative of 2009”, which would establish that “only marriage between a man and a woman is valid or recognized in the District of Columbia.” D.C. law currently recognizes same-sex marriages performed in other jurisdictions and there is pending pro-marriage equality legislation in the D.C. council. Board Chairman Errol R. Arthur said today,

“We have considered all of the testimony presented to the Board and understand the desire to place this question on the ballot. However, the laws of the District of Columbia preclude us from allowing this initiative to move forward.”
Bishop Harry Jackson proposed the initiative and is leading the push for anti-marriage equality legislation in D.C.
 
PFAW

A Not-So-Great End to a Very Good Week

In many ways it was a very good week for anyone interested in LGBT equality. Marriage equality legislation took a big step forward in the District of Columbia, federal hate crimes legislation was signed into law after a decade long fight, and today the President reauthorized the Ryan White Act and announced that he would take the final steps to rescind the HIV travel ban. So it’s too bad that the week ended on a disappointing note.

In a brief filed today in federal court, the DOJ moved to dismiss the challenge against DOMA lodged by the state of Massachusetts on behalf of the legally married same-sex couples in the state who are nevertheless being denied federal benefits.

To be clear: Massachusetts is right in this case and the DOJ is wrong. DOMA is unconstitutional and should be struck down.

But the brief (much like most of the other briefs we’ve seen) took pains to point out that the President is defending the law not because he likes it, but because he’s compelled to. In fact, the brief points out, the President is opposed to DOMA and supports its repeal.

Great. Let’s do that.

It’s time for the President to make clear that repealing DOMA is a priority, and that his support is more than lip service. No one expects repeal to be immediate, but it won’t happen without Presidential leadership.

Then we can have good weeks, that are just plain old good weeks.

(If you want to push the process forward, don’t forget to sign our Dump DOMA petition.)
 

PFAW

Marriage Equality Marathon

Almost 100 people testified on Monday, October 26 in a 7 ½ hour hearing on marriage equality legislation moving in the District of Columbia council. Another 169 people who signed up will testify on Monday, November 2. After that, marriage equality will move from committee to the full council and should be passed into law by the end of the year.

The hearing was inspiring and invigorating. I testified in support of the bill on behalf of People For the American Way and as a DC resident hoping to get married next year. I was at the halfway point of the hearing but stayed until almost 11 p.m. to hear everyone speak.

The good news is that pro-equality speakers, and pro-equality clergy, vastly outnumbered opponents. Included were other professional advocates from the Human Rights Campaign and the ACLU; a dozen pro-equality religious leaders, men and women representing many faiths, races, and ethnicities, among them Rev. Dennis Wiley of Covenant Baptist Church and Rev. Robert Hardies of All Souls Church, Unitarian, leaders of DC Clergy United for Marriage; pro-equality leaders from the local Democratic and Republican political parties; and a long list of DC residents, LGBT and not, testifying on behalf of themselves, their partners, their families and friends, and their children.

There were many moving moments: a young gay couple, one of them a vet, tightly holding hands and fighting back tears to testify; a heterosexual married man who testified with his seven-year old daughter at his side, because she already understands that it's wrong that the gay people in her life, including the parents of her best friends, aren't treated equally under the law; dozens of women and men speaking the truth about their lives, their eagerness to protect their loved ones, and their desire to be treated equally in the city that is their home.

Opposing the measure were Bishop Harry Jackson, who leads the city's anti-equality forces, a handful of local civic activists, and a group of officials from the Catholic archdiocese of Washington and Catholic Charities. The most interesting back-and-forth of the night took place between the panel of Catholic leaders and Councilmembers David Catania and Tommy Wells over the scope of the religious liberty protections in the bill. Councilmember Catania had said earlier in the day that he was willing to consider changes to those provisions, but he and Wells were deeply skeptical of demands that Catholic Charities be given carte blanche to discriminate against same-sex couples in provision of services and treatment of its employees when 75 percent of its revenues are from public funds. Notably, a few panels earlier, Professor Joseph Palacios from Georgetown University had testified in favor of the legislation, citing recent research showing strong support for marriage equality among lay Catholics nationally and even stronger support in the District of Columbia.

The legislation is assured of passage: it was co-sponsored by nine of the 12 councilmembers, and another councilmember announced his support at the hearing. DC Mayor Adrian Fenty has pledged to sign it. Activists are working with congressional leaders to make sure that the legislation survives the legislative review period that DC's laws are subjected to. The council's overwhelming support for the measure was a source of frustration to some of the anti-equality speakers, who angrily denounced the hearing as a sham and demanded that the issue be put to a public vote. Earlier in the day, Jackson and other anti-equality speakers urged the District's Board of Elections to allow them to put marriage equality before the voters, even though the board had ruled earlier this year that doing so would violate DC law against putting human rights protections on the ballot.

Watch my testimony here: 

PFAW

Marriage Equality Bill Introduced in DC

DC Councilman David Catania introduced a bill on Tuesday that will end discrimination against same sex couples who wish to marry in the nation's capital. The District already recognizes same-sex marriages performed in other jurisdictions, but the new proposal will allow the nuptials to take place in the city.

The bill is expected to pass the 13-member city council, and it is supported by DC Mayor Adrian Fenty. In spite of this strong support in the city, outsiders will once again focus on denying marriage equality to DC residents.

Harry Jackson, Bishop of the Hope Christian Church in Maryland, is once again vowing to bring the issue to the ballot. As PFAW has reported, Jackson is an ardent supporter of homophobic ballot initiatives; this time he has the support of the Catholic Archdiocese of Washington, Colorado-based Focus on the Family, and the National Organization for Marriage.

In addition, Rep. Jason Chaffetz (R-Utah), who failed at derailing the marriage recognition bill from over the summer, has expressed interest in overturning DC law again, though he admits it is unlikely that Congressional Republicans will be able to muster enough support to do so.

 

PFAW